On Friday (October 18), a California judge gave a significant victory to ex-Red Hot Chili Peppers guitarist Josh Klinghoffer in his ongoing wrongful death lawsuit. During a hearing in Alhambra, California, Los Angeles County Superior Court Judge Ian C. Fusselman sided with Klinghoffer’s legal team by striking down portions of the lawsuit claiming Klinghoffer was on his cell phone “mere seconds before” he struck a pedestrian in a crosswalk back in March. The judge determined that plaintiff Ashley Sanchez, the daughter of victim Israel Sanchez, had failed to show that Klinghoffer displayed “despicable and willful” conduct required to seek punitive damages in the case.

“The facts alleged by plaintiff here clearly allege that defendant was careless, even reckless. However, recklessness is insufficient to support a punitive damages claim,” the judge ruled. Klinghoffer did not attend the hearing, and last month pleaded not guilty to a misdemeanor charge of vehicular manslaughter without gross negligence. He is due back in court on October 31. (Rolling Stone)